St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-22
AN ACT to encourage the raising and propaga-

waters anu premises uSeQ Tor tnaG purpose.
Be it enacted by the Legislature of the State of
hinneSOtR.
SECTION l. Any person or corporation desiring
to raise, cultivate. preserve or propagate
brook trout, in any stream, pond or lake within
this state flowing through or situated upon
land owned or leased by him or it, shall post in
at least two conspicuous places upon such land,
durable signs setting forth the name of the
owner or lessee. that such premises are devoted
to the purposes OF a fish pond, pound or preserve;
and that thereafter any person or persons enter-
ing upon such premises without permission or
authority of the owner OF lessee, will be guilty of
trespass, and liable TO be punished according to
the law of the State OF Minnesota. II a stream
is sought TO be preserved such signs shall be
posted upon [itsl the banks, enc at each end Of
the portion sought to be preserved, and also at
apart; and the whole of such stream between
these upper and lower points shall be protected
and preserved by this act
SEC. 2. Any person or corporation DESTROYS of
so raising cultlvat1ng, preserving, prOpagating
or Keeping such trout In any stream or water be-
longing 10 or leased by him or it, shall have the
right and are hereby authorized to erect, con-
struct and maintain upon such premises, or in
or upon such stream or water, such dams,
sluices, screens, wires pens. gates, distractions
houses, buildings, boats, docks and other
things of everydescription, which may be by
him or it deemed necessary Tor such purposes,
provided, the same shall not in any way OBJ
sJruct navigation. or cause the OVERLOOKING of
any lands not owned or leased by him or it, nor
the interfering with the rights or privi-
leges previously acquired by any other
person or corporation: and. provided further
that no dam or other artificial obstruction
of any Kind shall be placed or builtsin any water
or stream which shall in any way impede or pre-
vent trout going freely to any other part or pOr-
zion OF such stream or water where they had
previously gone unless fishway over said OBJ
struction or dam shall be built and maintained
by the owner or lessee of said stream or water,
III The manner and of the kind hereinafter de-
scribed. IT such dam obstruction shall be
built or maintained without such proper fish
way, any person interested NAV file with a
magistrate or court having jurisdiction under
this act affidavit setting forth the facts when
the offending person. persons or corporation
shall be summoned into court and, If found
guilty, the court shall order the sheriff of the
county to remove such obstruction or dam, and
shall enter judgment to that effect, with costs,
which, together with expenses OF such removal,
may be collected by execution.
All fishways shall be constructed in manner
and according to plans satisfactory to and which
shall be approved by the commissioners of fish,
cries of the State of Minnesota.
SEC. ). Any person or persons who shall, or
who shall attempt to, without authority from
the owner or lessee, tear dawn, destroy, deface
injure or mutilate, or cause to be torn down, de-
stroyed, defaced, injured or mutilated, shall
tamper with or attempt to tamper with any
dams, sluices. screens, pens, buildings. boats
signs docks or other contrivance5 or article
erected, constructed used pursuant to the
provisions of this act, for the purposes afOre
said. shall be guilty of Il misdemeanor and, upon
conviction thereof, shall be subject to fine for
each such offense, not less than twenty-five dol
lars nor more than one hundred dollars, and by
imprisonment in the county Jail not less than
thirty nor more than ninety days, and shall be
liable also to the owner or lessee Of the premises
in civil action in treble damages for injuries
done: but nothing in this section shall be con-
strued TO prevent prosecution and punishment
in lieu thereof for any act declared an offense by
any other statute or law of this state. and for
which greater penalty can be imposed than is
prescribed by this act.
SEC d. Such person or corporation shall have
the exclusive control of and own all such fish as
may at any and all times be in such stream or
water so protected and preserved, whether the
same be actually raised, cultivated, bred or
placed therein by him or it, or shall naturally
come into such stream or water from other
streams or waters.
SEC. 3. II any person or persons shall enter
in or upon the premises, stream or waters so
preserved and protected without consent OF the
trespass: and il, after such trespasser or tres
passers shall so enter he they shall set or put
or attempt TO set or pnt any seine, net, hooks or
other device CT continuance for catching or kill
Ing fIsh, into said water or stream or shall fish
or attempt to fish therein, by or with hook and
line, or in any Their manner, or by shooting fish
therein with gun. pistol, OF bow and arrow. or
by using or attempting to uso q spear or gig,
they shall, in addition to being guilty of tres
pass, be guilty OF a misdemeanor.
SEC. q. Any person or persons or officers or
servants OF any corporation who shall place or
explode in any streams or water so preserved
and protected. any gunpcwder, giant powder,
dynamite, gun cotton or other explosive sub
stance or deposit, or allow to be deposited any
dye stuff coal tar. fish berries, refuse lime or
any other substance, deleterious or injurious to
fish. or cause allow the same or any of the
same to run or flow into or upon such waters or
stream shall, upon conviction thereof, be fined
not less than fifty 500 dollars more than one
hundred ZOO dollars for each offense and in
addition thereto be imprisoned in the county
Jail Tor not less than thirty 900 nor more than
ninety 900 days And such person or persons and
the corporation whose officers or servants shall
violate this section, shall be liable. on civil
action, to the owner or lessee of such stream or
waters, in treble damages, for all injury thereby
committed.
SEC. Z. No person or persons shall set or put
any nets, selnes, hooks other device for catch
Ing fish, or any substance injurious to fish, in
any of the waters of Lake Superior, within this
state, within the distance of one thousand yards
from che mouth of any stream flowing into said
lake, or so as to prevent the tree passage of fish
to the mouth of said stream, and upon convc-
ton thereof, he or they shall be judged guilty
OF a misdemeanor.
Sec. 8. All nets, seines, or other contriyances
or devices for catching or killing fish, it found
placed, used or attempted to be used upon any
premises, streams or waters protected and pre-
served by this act. or in Lake Superior within
the limits or in the manner prohibited by this
act, shall be and are hereby declared contra
band. and any person finding the same or any of
the same, upon or il any such premises, streams
or waters, is hereby authorized to destroy the
same, and no action for damages, or any crimi-
nal proceeding shall lie against him for such de-
struction.
SEC. 8. Any person or persons who shall
place or cause to be placed in any water or
streams sought to be preserved and protected
under this act, or in Lake Superior. within 500
said lake, any fish or fish spawn other than
trout or trout spawn. shall be guilty of misde-
meanor.
SEC: 10. If any person, persons or corpora
tlon shall catch or have in his, their Its pos
session. any trout such as are described in this
act, save and except between the first day of
May and the 18th day of September in each
year; or If any person. persons, firm,
corporation. express company, or COM
mon carrier, shall receive for transportation,
or shall transport any such trout save and ex-
cept between such dates, he. they or it shall be
guilty Of a misdemeanor, and, upon conviction
thereof shall be fined the sum of one dollar
ISL. 00) for each and every trout so caught had
transferred, or attempted to be transferred, to-
gether with cost of prosecution, and such fish
shall be declared contraband, and sold as in this
act herein provided.
If corporation is accused Of violating this
section, the warrant may be served upon any
officer, agent or employee of said corporation
which shall be considered service upon the COR
poratlon. and execution to collect the fine i'm
posed may be issued against any person, per-
sons or corporation adjudged guilty. but no; hing
in this section shall prevent any person, per-
sons or corporation owning trout protected and
preserved bv this act, from catching and having
them at any time, or to prevent a person, COM
mon carrier or express company from receiving
and transporting the same at any time, provided
the shipment OF trout is ACCOMPANIED by a
written statement signed by the owner or lessee
OF such fish pond. pound or preserve, stating in
what fish pond, pound or preserve the same
were caught; but such person, common carrier
or express company shall not be liable by rea-
son OF such statement being false in any re-
spect. nor shall anything in this act prevent or
forbid the SHIPMENT and transportation at any
time of live trout.
SEC. IL. Any person or persons violating any
OF the provisions OF this act. may be at once
arrested by, any, person.. and shall be
carried with all possible speed be-
fore some magistrate or court having
Jurisdiction. with whom or which az affidavit
setting out the facts shall be filed. and war
rant caused to be issued, when the accused
shall be delivered to the proper officer for safe